Is there an implied warranty of fitness of materials (as well as workman ship) with respect to premises in the course of construction?

There are, however, legal precedents to the effect that there is an implied warranty of fitness of materials (as well as workman ship) with respect to premises in the course of construction. This is an exception to the general rule of caveat emptor which applies to the sale of completed premises. The warranty will not necessarily be implied in all cases of incomplete premises; for example, a sale of unfinished premises in their then state. Whether the warranty will be implied will depend upon the nature of the contract and the circumstances in each case. See Barak v. Langtry (1954), 12 W.W.R.(N.S.) 691, at pp. 700-701.